Do not automatically waive an overpayment resulting from a period of benefit continuation. Complete full waiver development before waiving any overpaid amounts even when a person is found without fault because they appealed the disability cessation determination in good faith. For more information about determining fault or without fault, see GN 02250.005.

Assume that all such appeals are made in good faith unless the individual failed to cooperate in the appeal or there is evidence to the contrary.

1. a. 

   Failure to cooperate with an appeal is entirely different from failure to cooperate with a continuing disability investigation. If the person who was not cooperative during the continuing disability investigation appeals the cessation determination, elects payment continuation and cooperates with the appeal, the appeal is made in good faith and the right to waiver consideration is not prejudiced.

2. b. 

   Evidence against good faith will exist in situations where the person knew they were no longer disabled. For example, it would be difficult to find without fault when the person had been told by their doctor that they had recovered or was released to return to work.

3. c. 

   If a good faith determination is needed, be sure to consider any physical, mental, educational, or linguistic limitations the person has which affects their ability to act in good faith. See GN 02250.005C.

Without fault can be established for class members of suits against SSA under the guidelines described above.

If the FO determined that a person was a class member and resumed benefits, but ODIO later reversed the class membership determination, the person is overpaid. If that person requests waiver, without fault can generally be established under the guidelines for misinformation (see GN 02250.061) since the FO told the person that they were eligible for benefit continuation.